Questão jurídica principal
Whether a party compensation is owed in the disability insurance pre-notice procedure.
Decisão extraída
No party compensation is due in the pre-notice procedure because there is no statutory basis; the procedure is not equivalent to an objection procedure.
Fundamentação extraída
Art. 52(3) ATSG applies to objection proceedings only. The pre-notice procedure is a hearing procedure before the issuance of an appealable decision and does not involve success or defeat of a party. A party compensation cannot be derived from Art. 64(1) VwVG either.